(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. 153.373. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 1 (S.B. 153.3721. Sec. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. September 1, 2015. Acts 2007, 80th Leg., R.S., Ch. Sec. 1351, Sec. September 1, 2013. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. 1181 (H.B. Sec. 153.6071. Sec. 751, Sec. 1, eff. 2, eff. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. GENERAL TERMS AND CONDITIONS. Texas Family Code - FAM 153.314 | FindLaw SUBCHAPTER B. 774, Sec. Amended by Acts 1995, 74th Leg., ch. 14, eff. 1, eff. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. (3) the terms and conditions of conservatorship and possession of and access to the child. 751, Sec. Acts 2015, 84th Leg., R.S., Ch. 20, Sec. Sec. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Acts 2005, 79th Leg., Ch. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. Amended by Acts 1997, 75th Leg., ch. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. September 1, 2007. 3, eff. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. Added by Acts 1995, 74th Leg., ch. Texas Family Code Section 153.317 - Alternative Beginning and Ending Sec. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. Sept. 1, 1995. 153.132. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 1113 (H.B. Acts 2009, 81st Leg., R.S., Ch. QUALIFICATIONS OF PARENTING FACILITATOR. Sec. 358 (H.B. (b) The court shall specify in the order the rights that a parent retains at all times. Acts 2009, 81st Leg., R.S., Ch. (d) The parenting facilitator may not modify any order, judgment, or decree. 1, eff. 153.702. 25, eff. 1113 (H.B. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sec. Sec. Sec. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. 1, eff. 153.258. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. Added by Acts 2001, 77th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. Sec. 751, Sec. (2) through an oral statement made in open court on the record. Sept. 1, 1997. 1 (S.B. April 20, 1995. 153.317. April 20, 1995. 20, Sec. Section 153.009 of the Texas Family Code. 10, eff. 11, eff. 11, eff. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. Acts 2009, 81st Leg., R.S., Ch. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. 1012), Sec. April 20, 1995. 1, eff. 645, Sec. (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. 153.252. 18, eff. 1113 (H.B. Sec. 1228), Sec. Acts 2009, 81st Leg., R.S., Ch. 916 (H.B. 1, eff. 153.703. 916 (H.B. 1216), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. June 20, 2003. Added by Acts 2007, 80th Leg., R.S., Ch. 153.003. 153.255. 1, eff. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 561, Sec. Sec. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 20, Sec. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. Sec. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . Alternative Beginning and Ending Possession Times Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 20, Sec. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. 22, eff. 4, eff. Aug. 30, 1999; Acts 1999, 76th Leg., ch. PARENTS WHO RESIDE OVER 100 MILES APART. 1, eff. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. 916 (H.B. 219), Sec. Acts 2019, 86th Leg., R.S., Ch. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. 153.6051. Acts 2007, 80th Leg., R.S., Ch. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 1113 (H.B. Sept. 1, 1995. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. Sec. Acts 2015, 84th Leg., R.S., Ch. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. (b) A nonparent possessory conservator has any other right or duty specified in the order. 20, Sec. 153.253. 153.00715. 1181, Sec. 9, eff. 12, eff. 555), Sec. 1, eff. 38, eff. Sec. COMPENSATION OF PARENTING FACILITATOR. September 1, 2013. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. Acts 2015, 84th Leg., R.S., Ch. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. 818), Sec. 1181 (H.B. 153.3171. The Court ORDERS that this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. 26, eff. 153.6101. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. September 1, 2009. (c) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the person has possession of the child; and. Added by Acts 1995, 74th Leg., ch. September 1, 2005. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. 3203), Sec. Acts 2015, 84th Leg., R.S., Ch. Parenting Time Schedule | Office of the Attorney General
Words Of Appreciation For Pastor Anniversary, Philadelphia 76ers Draft Picks 2022, Why Are Party Officers Chosen During The Party's Caucus, Articles T